Lion's office will be closed November 27 and 28. Online training support is available every day from 8:30 AM to 5 PM ET via support@lion.com.
Search

Failure to Report: An Ongoing OSHA Violation

Posted on 7/30/2015 by Roger Marks

On July 29, 2015, OSHA proposed a new rule to clarify employers’ injury and illness reporting and recordkeeping (I2P2) responsibilities. Namely, the new rule seeks to make it clear that recording of injuries is an ongoing responsibility—meaning employers must keep records of injuries and illnesses even in cases when the employer failed to record it when first required to do so.
OSHA injury illness reporting
While the proposed rulemaking is largely administrative—employers’ reporting obligations will not change—the “ongoing” nature of reporting violations is important. The OSH Act sets a six-month statute of limitations for OSHA violations. If a violation occurred more than six months ago, the law prohibits an OSHA inspector from issuing a citation. By clarifying that reporting incidents are ongoing violations, OSHA side-steps the six-month statute of limitations. A reporting violation is ongoing until the employer corrects it, and a citation may be issued even when the initial failure to report occurred outside of the six-month window.  

Comparing the ongoing nature of injury and illness reporting violations to court decisions in cases involving unpaid child support (US v. Edelkind), predatory banking practices (Postow v. OBA Federal Savings & Loan), prisoner escape from Federal custody (US v. Bailey), failing to register as a sex offender (US v. George), unregistered immigration (US v. Franklin), and more, OSHA’s proposed rule makes it clear that failure to record an injury or illness is an ongoing violation of Federal work safety standards.

In the new proposed rule, OSHA states, “As long as the employer fails to comply with its ongoing duty to record an injury or illness, there is an ongoing violation of OSHA’s recordkeeping requirements that occurs every day employees work at the site.”

What’s Changing for Employers?

The proposed OSHA recordkeeping rule makes additions, deletions, and wording changes to 29 CFR 1904, to clarify the requirements for employers. Based on preliminary economic analysis, OSHA states that these proposed revisions do not constitute an economically significant regulatory action. The full text of the proposed rule is available here.

Subscribe to Get Insights Direct to Your Inbox

Subscribe to Lion News now for updates and insight on the regulatory actions that affect your facility: OSHA workplace safety; DOT, IATA, and IMDG hazardous materials shipping; and managing compliance with EPA’s hazardous waste, air, water, and chemical standards.

Tags: new, osha, reporting and recordkeeping, rules

Find a Post

Compliance Archives

Lion - Quotes

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

Convenient; I can train when I want, where I want.

Barry Cook

Hazmat Shipping Professional

The instructor did an excellent job presenting a very dry subject; keeping everyone interested and making it enjoyable.

Marc Bugg

Hazardous Waste Professional

Much better than my previous class with another company. The Lion instructor made sense, kept me awake and made me laugh!

Marti Severs

Enterprise Safety Manager

Lion's online training is more comprehensive, has better slides, and is a superior training experience than what I would get from other trainers.

Robert Brenner

District Environmental Manager

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

Lion courses are the standard to which all other workshops should strive for!

Brody Saleen

Registered Environmental Health Specialist

The exercises in the DOT hazardous materials management course are especially helpful in evaluating your understanding of course information.

Morgan Bliss

Principal Industrial Hygienist

We have a very busy work schedule and using Lion enables us to take the course at our own time. It makes it easy for me to schedule my employees' training.

Timothy Mertes

Hazmat Shipping Professional

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

Download Our Latest Whitepaper

This guide will help you identify 25 of the most -cited errors in RCRA training, recordkeeping, hazardous waste ID, container management, universal waste, and laboratories.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.